§ 167c. Storage, withdrawal and transportation

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(a)In general If the Secretary provides helium storage, withdrawal, or transportation services to any person, the Secretary shall impose a fee on the person that accurately reflects the economic value of those services.

(b)Minimum fees The fees charged under subsection

(a)shall be not less than the amount required to reimburse the Secretary for the full costs of providing storage, withdrawal, or transportation services, including capital investments in upgrades and maintenance at the Federal Helium System.

(c)Schedule of fees Prior to sale or auction under subsection (a), (b), or

(c)of section 167d of this title, the Secretary shall annually publish a standardized schedule of fees that the Secretary will charge under this section.

(d)Treatment All fees received by the Secretary under this section shall be credited to the Helium Production Fund established under section 167d(e) of this title.

(e)Storage and delivery In accordance with this section, the Secretary shall—

(1)allow any person or qualified bidder to which crude helium is sold or auctioned under section 167d of this title to store helium in the Federal Helium Reserve; and

(2)establish a schedule for the transportation and delivery of helium using the Federal Helium System that—

(A)ensures timely delivery of helium auctioned pursuant to section 167d(b)(2) of this title;

(B)ensures timely delivery of helium acquired from the Secretary from the Federal Helium Reserve by means other than an auction under section 167d(b)(2) of this title, including nonallocated sales; and

(C)provides priority access to the Federal Helium Pipeline for in-kind sales for Federal users.

(f)New Pipeline access The Secretary shall consider any applications for access to the Federal Helium Pipeline in a manner consistent with the schedule for phasing out commercial sales and disposition of assets pursuant to section 167d of this title.

(Mar. 3, 1925, ch. 426, § 5, as added Pub. L. 86–777, § 2, Sept. 13, 1960, 74 Stat. 920; amended Pub. L. 104–273, § 3, Oct. 9, 1996, 110 Stat. 3317; Pub. L. 113–40, § 4, Oct. 2, 2013, 127 Stat. 535.)

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